{"id":40964,"date":"2022-06-22T12:30:32","date_gmt":"2022-06-22T10:30:32","guid":{"rendered":"https:\/\/castegnaro.preprod.web-sites.lu\/?p=40964"},"modified":"2022-12-06T16:43:21","modified_gmt":"2022-12-06T15:43:21","slug":"projet-de-loi-sur-la-protection-des-lanceurs-dalerte-quels-impacts-pour-lemployeur","status":"publish","type":"post","link":"https:\/\/castegnaro.lu\/en\/projet-de-loi-sur-la-protection-des-lanceurs-dalerte-quels-impacts-pour-lemployeur\/","title":{"rendered":"Draft law on the protection of whistleblowers, what impact for the employer?"},"content":{"rendered":"<div name=\"module-insight-bloc-paragraph\" class=\"container-px-25 mt-30 paragraph-body-small lg:mt-20 lg:text-20\">\n    \n    <p>Bill 7945 transposing Directive (EU) 2019\/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report violations of Union law (here-in-after, the\u00a0<strong><em>referred to as the \u201cBill\u201d<\/em><\/strong>is designed to establish a new legislative framework to protect whistleblowers in Luxembourg (see our newsflash of 28 January 2022), thus introducing\u00a0<strong>new obligations for employers<\/strong>.<\/p>\n<p>The new obligations that employers will need prepare for on this issue are as follows:<\/p>\n<ul>\n<li><em>The obligation to introduce internal reporting channels and procedures<\/em><\/li>\n<\/ul>\n<p>As a reminder,\u00a0<strong>private legal companies with more than 50 employees would have to set up internal reporting channels allowing whistleblowers to inform their employer in confidence about significant breaches of national law.<\/strong><\/p>\n<p>Like private legal companies,<strong>\u00a0public legal companies would also need to establish channels and procedures for internal reporting and follow-ups<\/strong>. This obligation would apply to all public sector legal entities, including all\u00a0<strong>entities owned or controlled by them\u00a0<\/strong>and\u00a0<strong>administrations of municipalities with more than 10,000 inhabitants<\/strong>.<\/p>\n<ul>\n<li><em>The obligations that would be foreseen for the internal reporting procedure<\/em><\/li>\n<\/ul>\n<p>The Bill intends to\u00a0<strong>to impose obligations on employers<\/strong>\u00a0<strong>on internal reporting procedures and their follow-up<\/strong>.<\/p>\n<p>These procedures should include the establishment of\u00a0<strong>secure channels<\/strong>\u00a0for receiving alerts\u00a0<strong>guaranteeing the confidentiality of the identity of the author of the alert and of any third party mentioned in the alert<\/strong>,\u00a0<strong>diligent follow-up<\/strong>\u00a0via\u00a0<strong>an impartial competent person or department (internal or external) designated in advance<\/strong>\u00a0as well as a\u00a0<strong>as well as a reasonable period of time to provide feedback.<\/strong>.<\/p>\n<p>When establishing the internal reporting procedure,\u00a0<strong>the company\u2019s staff representative group<\/strong>\u00a0should have\u00a0<strong>different levels of involvement depending on the size of the company<\/strong>\u00a0:<\/p>\n<ul>\n<li><strong>For companies with fewer than 150 employees<\/strong>, the staff representative group would have to be informed and could share its views as well as proposals for modifications.<\/li>\n<li><strong>For companies with more than 150 employees<\/strong>, the principle of a joint decision between the employer and the staff representative group would apply.<\/li>\n<\/ul>\n<p><strong>Private legal companies with between 50 and 249 employees would have a transition period until 17 December 2023 to comply with the obligations relating to internal channels<\/strong><\/p>\n<p><strong>However, we would like to draw your attention to the fact\u00a0<u>that the above transition period would not apply to private companies with 250 or more employees.<\/u><\/strong><\/p>\n<p>As the Bill is in principle expected to come into force between September 2022 and December 2022,\u00a0<strong>private legal companies with 250 or more<\/strong>\u00a0will need to have\u00a0<strong>a procedure in place for internal reporting in order to comply with the law<\/strong>\u00a0<strong>, as soon as it comes into force.<\/strong><\/p>\n   \n<\/div>","protected":false},"excerpt":{"rendered":"","protected":false},"author":8,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"country":[],"class_list":["post-40964","post","type-post","status-publish","format-standard","hentry","category-article","entry"],"_links":{"self":[{"href":"https:\/\/castegnaro.lu\/en\/wp-json\/wp\/v2\/posts\/40964","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/castegnaro.lu\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/castegnaro.lu\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/castegnaro.lu\/en\/wp-json\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/castegnaro.lu\/en\/wp-json\/wp\/v2\/comments?post=40964"}],"version-history":[{"count":4,"href":"https:\/\/castegnaro.lu\/en\/wp-json\/wp\/v2\/posts\/40964\/revisions"}],"predecessor-version":[{"id":41274,"href":"https:\/\/castegnaro.lu\/en\/wp-json\/wp\/v2\/posts\/40964\/revisions\/41274"}],"wp:attachment":[{"href":"https:\/\/castegnaro.lu\/en\/wp-json\/wp\/v2\/media?parent=40964"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/castegnaro.lu\/en\/wp-json\/wp\/v2\/categories?post=40964"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/castegnaro.lu\/en\/wp-json\/wp\/v2\/tags?post=40964"},{"taxonomy":"country","embeddable":true,"href":"https:\/\/castegnaro.lu\/en\/wp-json\/wp\/v2\/country?post=40964"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}